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HomeMy WebLinkAboutCONSENT CS Amend 1 Port Townsend Senior Association JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Josh D. Peters, County Administrator Shawn Frederick, Central Services Director DATE: December 22,2025 RE: POTENTIAL ACTION re: Contract extension between Jefferson County and the Port Townsend Senior Association for managing the Port Townsend Community Center STATEMENT OF ISSUE: Jefferson County has contracted with the Port Townsend Senior Center for many years to manage the Port Townsend Community Center. The term of the current contract is set to expire December 31, 2025. ANALYSIS: The current agreement provided grant funding for 2023-2025. The amount for 2023 was $17,230 for 2024 it was $17,747, and for 2025 it is$18,279, all to be paid out of the Community Services Department—068 of the General Fund. It is highly unlikely that a new contract could be negotiated prior to the expiration of the existing agreement,making the contract extension necessary. The goal is to have the new contract in place by December 31, 2026. FISCAL IMPACT: $18,827.00 to Fund 001-068. This is consistent with the terms of the existing contract to include the 3% increase. RECOMMENDATION: Staff recommend approval of contract extension. REVIEWED BY: Dgett,( 3 1?//q/D--c Jo . Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Port Townsend Senior Association Contract No: CAOCSD-2 Contract For: Community Center Management Services Term: Through December 31, 2026 COUNTY DEPARTMENT: County Administrator Contact Person: Shawn Frederick Contact Phone: 360-385-9362 Contact email: sfrederick@co.jefferson.wa.us AMOUNT: $18,827 PROCESS: ^ Exempt from Bid Process Revenue: n/a _ Cooperative Purchase Expenditure: $18,827 Competitive Sealed Bid Matching Funds Required: n/a Small Works Roster Sources(s)of Matching Funds n/a Vendor List Bid Fund# 001 ,_. RFP or RFQ Munis Org/Obj 001-068 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: n N/A:I i c5'4au t-e, P-4-4 2 /2// t Signature las-- e STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: EJ N/A: I i r,2 1//1 u" Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/11/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 12/17/2025. Standard contract amendment language. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 Amendment No. 1 to the Agreement By and Between The Port Townsend Senior Association and Jefferson County—2023-2025 Community Services Funding This Amendment No. 1 to the Agreement is made and entered into by and between the Port Townsend Senior Association and Jefferson County,herein after known as the"Parties." WHEREAS,the Parties want to amend the Agreement entered into between them; NOW,THEREFORE,the Parties agree as follows: 1. Purpose.The purpose of this Amendment is to extend the term of the agreement for a maximum of twelve months ending December 31,2026 and modify the Termination section of the agreement. 2. Amendment. That portion of Section 3. that reads "This Agreement shall be for a term of three years, commencing on January 1, 2023 and ending December 31, 2025." is amended to read: This Agreement shall be for a term of four years, commencing on January 1, 2023 and ending December 31,2026". 3. Amendment. That portion of Section 8. That reads "The Agreement may be terminated, upon thirty (30) days written notice for any material breach of any of the terms of the Agreement by either party. After receipt of notice, and before termination,the party in default may cure the defect,in which case the Agreement shall continue in force for the full term.The COUNTY shall be refunded a pro-rated share of the agreed funding upon termination based upon the balance of time remaining in the term unless otherwise negotiated." is amended to read "The Agreement may be terminated,upon thirty(30)days written notice by either party. After receipt of notice, and before Termination, the COUNTY shall be refunded a pro-rated share of the agreed funding upon termination based upon the balance of time remaining in the term unless otherwise negotiated." 4. No Other Change. All other terms of the Agreement between the Parties remain unchanged,except as modified in this Amendment. (SIGNATURES FOLLOW ON NEXT PAGE) 1 IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be executed on this 22nd day of December,2025. Jefferson County Port Townsend Senior Association Board of Commissioners Heidi Eisenhour, Chair Date Authorized Signature Date Print Name/Title ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board APPR9YED AS TO FORM: - ""�' ,__. 12/17/2025 Philip C. Hunsucker Date Chief Deputy Prosecuting Attorney 2 I�pH. ► Sc.C f*,( irnr lkil tl y Me - P-* I -a..?- 1%.4- • p,r301/i : 13)31 AGREEMENT By and Between THE PORT TOWNSEND SENIOR ASSOCIATION And JEFFERSON COUNTY 2023-2025 Community Services Grant Funding Purpose: The purpose of this Community Services Grant is to ensure the continued availability and use of the Port Townsend Community Center for the general public and to ensure said facility provides a focal point to address the needs of the senior population in Port Townsend. Parties: This grant is to assist the PORT TOWNSEND SENIOR ASSOCIATION, hereinafter known as "SENIORS", a private non-profit corporation in the State of Washington, for the purposes provided herein, with funds allocated by Jefferson County, hereinafter know as "COUNTY,"a municipal corporation. SECTION 1: SERVICES TO BE PERFORMED BY SENIORS A. The SENIORS agree to perform the following services to benefit the senior population in the Port Townsend area: I. Provide daily operation of the Community Center including scheduling of events, program planning, activities,and building security. 2. Assist the senior population in meeting basic life sustaining and social needs. 3. Be a conduit and referral center for senior citizens to gain access to local, state, and federal programs. 4. Organize programs and activities to benefit the senior population. 5. Schedule use of the Community Center by community groups and organizations. a. Should a for-profit or not-for-profit entity, business, firm or agency (collectively a "lessee") seek from the Seniors exclusive use (based upon delineated and agreed upon hours and days of the week for said exclusive use) of a portion of a County owned community center for more than 80 hours per month in two or more months during any calendar year, and if Seniors propose to grant such use, the lessee shall be required to enter into a written lease with Jefferson County to govern the terms and obligations of said exclusive use, naming Seniors as a third party beneficiary for an appropriate portion of the net lease payment after expenses, consistent with Section 4 of this Agreement. Jefferson County will consult with Seniors in developing the terms of the lease and will comply with all laws regulating the lease of public property. Should Seniors reject a proposed lessee, then they shall so inform the County in writing explaining why they made such a decision. The County reserves the right to negotiate with the Seniors 2023-2025 Community Services Grant Funding with Port Townsend Senior Association regarding the suitability of a proposed lessee who has been rejected by the Seniors. 6. Purchase of necessary operating supplies including but not limited to desks, tables, chairs, office supplies. Cleaning and facility operating supplies shall be approved by Jefferson County Facilities Division. 7. Purchase and replace interior light bulbs and fluorescent lamps as part of the operating supplies referred to in Subsection 6 above. Brand and style of lamps are to be approved by Jefferson County Facilities Division. All used fluorescent tubes shall be boxed and returned to Jefferson County Facilities Division for disposal. 8. Provide and manage the daily custodial functions of the main floor of the Port Townsend Community Center, including but not limited to restrooms, floor care, room set up and minor emergency plumbing such as plugged or overflowing toilets. To ensure quality of care, guidance shall be received from Jefferson County Facilities Division as outlined in Attachment A. 9. Pay telephone services charges. 10. Work cooperatively with the American Red Cross and Jefferson County Department of Emergency Management in the event of an emergency to provide the use of the county owned facility as a mass care shelter. B. Reporting/Notification Responsibilities of the Port Townsend Senior Association: 1. Provide to the COUNTY at least quarterly a statistical report of Center use, services, programs and activities, and a report of the costs (including but not limited to utility, and operating and cleaning supplies costs) as well as a report of all revenues from rentals or lease agreements of the Community Center. 2. Notify the COUNTY of changes in the use that may significantly impact water consumption, sewage disposal, electrical consumption and/or normal wear and tear of the Community Center. 3. All SENIORS financial and program records with respect to any matters covered by this Agreement shall be made available to the County at any time during normal business hours to allow the County to verify quarterly reports and to inspect, audit and make copies of any relevant data. SECTION 2: RESPONSIBILITIES OF JEFFERSON COUNTY A. Assure that the Port Townsend Community Center is available for use by the senior population, including financial responsibility for the following: 1. Utilities(electrical power and water); 2. Garbage Pick-up and Disposal; Page 2 of 8 2023-2025 Community Services Grant Funding with Port Townsend Senior Association 3. Ideating Fuel;and 4. Maintenance and repair of real property (building, parking lot, water, and sewer) including but not limited to plumbing, kitchen equipment, floor repair, and exterior lighting. B. The COUNTY will provide the SENIORS a Community Services Grant to be used in support of their responsibilities as defined under this Agreement, The Community Services Grant will be for a total of$17,230 for 2023, increasing 3% in 2024 ($17,747) and 2025 ($18,279). The grant will be broken into Senior Programs and Building Maintenance as outlined below. 1. The Senior Program grant is in the sum of $12,707 for 2023, increasing 3% in 2024 ($13,089) and 2025 ($13,479). Quarterly payments of$3,176.75 will be made in 2023, increasing 3% in 2024 and 2025, beginning with the first quarter of each year. 2. The Building Maintenance grant is in the sum of$4,523 for 2023. Increasing 3% in 2024 ($4,658) and 2025 ($4,798). Quarterly payments of $1,130.75 will be made in 2023, increasing 3% in 2024 and 2025, beginning with the first quarter of each year. Quarterly payments are predicated on quarterly reports defined in Section 1. SECTION 3: SENIOR NUTRITION PROGRAM Activities under this Agreement shall include support of the Senior Nutrition Programs with use of the Kitchen at no additional cost to the SENIORS or organization providing the Senior Nutrition Program, except such organization may be required to pay direct costs for use of the Kitchen, including but not limited to utilities used and a prorated share of maintenance, replacement or depreciation of Kitchen equipment. SECTION 4: EXCESS RENTAL AND LEASE INCOME A. SENIORS will retain all income derived from the rental or lease of the Community Center in order to support the costs of its responsibilities as described in this Agreement, except as provided in Section 1.A.5. and in Section 4.B. and 4.C. B. If the income derived from lease after expenses or rental of the Community Center exceeds the Community Services Grant as outlined in Section 2.13., then the excess revenues will be split with the SENIORS receiving 50%and the COUNTY receiving 50%. C. Payment by the SENIORS to the COUNTY of the COUNTY's portion of the excess revenues will be made in the first quarter of the year following the year the excess occurred. Page 3 of 8 2023-2025 Community Services Grant Funding with Port Townsend Senior Association SECTION 5: TERM This Agreement shall be for a term of one year, commencing on January 1, 2023 and ending December 31, 2025, unless renewed by mutual agreement of the parties, except that any excess rental income to be shared with the COUNTY for each year shall be calculated and paid to the COUNTY during the first quarter of each subsequent year. All activities performed pursuant to this Agreement within its term and prior to its execution are hereby ratified. SECTION 6: ASSIGNMENT Either party to the Agreement shall not assign this Agreement,except by signed amendment. SECTION 7: MODIFICATION This Agreement may be modified during the term of the Agreement by mutual agreement of the parties and appended in writing to the Agreement. SECTION 8: TERMINATION The Agreement may be terminated, upon thirty (30) days written notice for any material breach of any of the terms of the Agreement by either party. After receipt of notice, and before termination, the party in default may cure the defect, in which case the Agreement shall continue in force for the full term. The COUNTY shall be refunded a pro-rated share of the agreed funding upon termination based upon the balance of time remaining in the term unless otherwise negotiated. SECTION 9: AGREEMENT TO COMPLY WITH APPLICABLE LAWS The SENIORS shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and the venue shall be in Jefferson County, WA. SECTION 10: HOLD HARMLESS The SENIORS shall indemnify and hold the COUNTY, and its officers, employees, agents and volunteers(and their marital communities) harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the SENIORS' negligence or breach of an of its obligations under this Agreement; provided that nothing herein shall require the SENIORS to indemnify the COUNTY against and hold harmless the COUNTY from claims, demands or suits based solely upon the conduct of the COUNTY, its officers, employees, agents and volunteers (and their marital communities), and; provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the SENIORS' agents or employees; and , (b) the COUNTY, its officers, employees agents and volunteers (and their marital communities), this indemnity provision with respect to claims or suits based upon such negligence, and or the costs to the COUNTY of defending such claims and suits,etc., shall Page 4 of 6 2023-2025 Community Services Grant Funding with Port Townsend Senior Association be valid and enforceable only to the extent of the SENIORS' negligence, or the negligence of the SENIORS' agents or employees. The SENIORS specifically assume potential liability for actions brought against the COUNTY by the SENIORS' employees, including all other persons engaged in the performance of any work or service required of the SENIORS under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The SENIORS recognize that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. SECTION 11: INDEPENDENT CONTRACTOR The SENIORS and the COUNTY agree that the SENIORS are an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the SENIORS nor any employee of the SENIORS shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the SENIORS, or any employee of the SENIORS. The SENIORS agree to file all necessary governmental documents, including tax returns, reflecting income status as an independent contractor for services rendered to the COUNTY under this Agreement. Should any governmental agency audit the files and request information on either the SENIORS r or the COUNTY, the SENIORS and the COUNTY agree to furnish immediately the requesting party with any records, including tax returns, relating to the services rendered under this Agreement. SECTION 12: INSURANCE The SENIORS shall obtain and keep in force during the term of the Agreement, or as otherwise required, the following insurance: A. Commercial General Liability Insurance. The SENIORS shall maintain commercial general liability coverage on a form acceptable to Jefferson County Risk Management for bodily injury, personal injury, and property damage, with a limit of not less than in the amount of at least $1 million per occurrence, for bodily injury, including death, and property damage. B. Worker's Compensation (Industrial Insurance). The SENIORS shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. SECTION 13: PUBLIC RECORDS ACT. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, must Page 5 of 8 2023-2025 Community Services Grant Funding with Port Townsend Senior Association be kept or indexed as a public record under the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the SENIORS agree to maintain all records constituting public records and to produce or assist the COUNTY in producing such records, within the time frames and parameters in state law. The SENIORS also agree that upon receipt of any written public records request, the SENIORS shall, within two business days, notify the COUNTY by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, will be a "public record" subject to production to a third party if it is requested under the Washington Public Records Act, Chapter 42.56 RCW(as may be amended). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this/7 day of 4Ca r4.- , 2022. SIGNATURES APPEAR ON THE NEXT PAGE Page 6 of 8 2023-2025 Community Services Grant Funding with Port Townsend Senior Association JEFFERSON COUNTY Attest: 6 BO D OF CO MISSIONERS Oldr% Carolyn Callaway, / eid .isenho ,C� Clerk of the Board Approved as to Form: Port Townse S eior Association Zlip C. Hunsu {c cry, re'2022 c President \ Date Chief Civil Deputy Prosecutor Page 7 of 8 2023-2025 Community Services Grant Funding with Port Townsend Senior Association ATTACHMENT A CUSTODIAL DUTIES At the Port Townsend Community Center Required by the 2023-2025 Community Services Grant Contract With the Port Townsend Senior Association Daily: Clean and sanitize restrooms Empty trash cans Hi-Weekly: Vacuum all carpets Tri-weekly: Sweep and mop all hard floors Annually: Wash windows Wipe down all doors and woodwork Assist county staff with heavy maintenance of all floors. Other: Set-up rooms as directed by building manager. Page 8 of 8 )me/Expense by Category by Yearl PORT TOWNSEND SENIOR CENTER INCOME-EXPENSE 1/31/2016 through 12/31/2022 2016 2017 2018 2019 2020 2021 2022 TOTAL INCOME County Grant 13,222 13,620 14,030 14,450 15,173 15,932 16,728 103,154 Boutique Fund 25 50 48 135 - - - 258 Donation 600 450 500 200 3,000 1,500 250 6,500 Hearing Equipment Rental - - - • - 15 80 95 Interest CDs 7 7 7 34 8 - - 62 Invest Income 6 - - - - - 6 Membership Dues 1,329 886 913 1,068 992 253 730 6,171 Rental Income 16,204 17,635 14,035 20,549 9,650 7,618 12,305 97,996 Wells Fargo Overdraft Protection - - - 880 - - - 880 Wells Fargo Refund Fraud Check - - - 221 - - - 221 Uncategorized 1,506 - - 1,000 150 2,656 TOTAL INCOME 31,392.26 34,154.22 29,532.78 37,535.70 29,823.28 25,467.18 30,093.28 217,999 EXPENSES Desk Manager Wages 11,849 12,340 12,762 13,506 11,927 12,525 13,307 88,215 Janitorial Wages 4,784 5,374 4,879 8,010 6,953 7,151 8,171 45,323 Payroll Taxes 2,913 4,337 3,656 4,674 4,466 4,188 4,111 28,344 Consultants(Payroll&Tax Prep) - - - - - 575 1,925 2,500 Janitorial Services 552 455 1,495 - - - - 2,502 Janitorial Supplies 1,660 1,749 2,558 2,725 1,954 1,806 1,664 14,116 Reimburse for Janitorial Supplies - 13 20 50 - - - 84 Janitorial Equipment - - 520 - - 520 TOTAL WAGES AND JANITORIAL 21,758 24,268 25,890 28,966 25,299 26,245 29,178 181,604 _w _ All Other Expenses 7,279 10,437 5,898 17,276 7,017 3,363 3,579 54,850 TOTAL EXPENSES 29,037 34,705 31,787 46,242 32,317 29,609 32,757 236,454 pF gO M co N4s�� Board of County Commissioners �4w¢ �y 1820 Jefferson Street w 4, PO Box 1220 Port Townsend, WA 98368 ekcit G.co Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3 December 27,2022 Port Townsend Senior Association Attn: Robert Gray,President 62o Tyler Street Port Townsend,WA 98368 Re: AGREEMENT re:Port Townsend Senior Center Management;2023:In the Amount of$07,230 with a 3%Escalator for 2024 and 2025;Jefferson County Administrator;Port Townsend Senior Center Dear Mr.Gray, Enclosed are two(2)Original re:AGREEMENT re:Port Townsend Senior Center Management;2023:In the Amount of$17,23o with a 3%Escalator for 2024 and 2025;Jefferson County Administrator;Port Townsend Senior Center Please sign both(2)Originals. Keep one(1)Original for your own records and please return the other signed Original to the following address: Jefferson County Commissioners Office Attn:Julie Shannon PO Box 1220 Port Townsend,WA.98368 When returning the signed Original,please send a copy of your Proof of Insurance as stated in the Agreement. PIe se contact our office if you have any questions. Tha u, Jut Executive Secretary II Jefferson County Commissioners Office 36o 385 91o0 iahannon@mieftersonxkv_ar0 Enclosure Phone(360) 383-9100 Fax(360) 385-9382 jeffbocc@co.jefferson.wa.us JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator DATE: December 19,2022 SUBJECT: Request for Board of County Commissioners approval of a community services grant agreement with the Port Townsend Senior Association for managing the Port Townsend Community Center STATEMENT OF ISSUE: Jefferson County has contracted with the Port Townsend Senior Association for many years to manage the Port Townsend Community Center.The grant agreement needs to renewed. ANALYSIS: The attached three-year agreement provides grant funding for 2023 through 2025. The grant amount for 2023 is $17,230, for 2024 is $17,747 and for 2025 is $18,279. FISCAL IMPACT: Fiscal impact for 2023 is$17,230, for 2024 is$17,747 and for 2025 is$18,279,all to be paid out of Department 068, Community Services of the General Fund. RECOMMENDATION: That the Board of County Commissioners approve the attached grant agreement with the Port Townsend Senior Association for managing the Port Townsend Community Center. REVI WED BY: L , Mark Mc ley, County Administr r D to CONTRACT REVIEW FORM Clear For„ (INSTRUC77ONSARE ON THE NEXT PAGE) CONTRACT WITH: Port Townsend Senior Association Contract No: PTCommCtr-23-25 Contract For: Community Center Management Services Term: Through 2025 COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 380385-9130 Contact email: mmacaulay®coleRereon,we.us AMOUNT: $17,230 in 2023 w/3%escalator PROCESS: Exempt from Bid Process Revenue: N/A _ Cooperative Purchase Expenditure: $17,230 Competitive Sealed Bid Matching Funds Required: N/A ~ Small Works Roster Sources(s)of Matching Funds N/A ._. Vendor List Bid Fund# 001 _ RFP or RFQ Munis Org/Obj 001-068 Other: APPROVAL STEPS: _ STEP 1: DEPARTMENT CERTIFIES L CE 3.5 ONO AND CHAPTER 4 .23 RCW. CERTIFIED: Q N/A:0sA2' - S azure to STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NO EEN DEBARRED?BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: a N/A: /j /A g?-- ignature to STEP 3:,RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/7/2022. Contract language revised by the PAO. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 12/7/2022. Consider bolding the Section 13 header. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6:CONTRACTOR SIGNS STEP 7:SUBMIT TO BOCC FOR APPROVAL